Terms and Conditions

PLEASE READ THESE LEGAL TERMS AND CONDITIONS CAREFULLY.

BY ACCESSING THIS SITE AND ANY PAGES HEREOF, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE LEGAL TERMS AND CONDITIONS, DO NOT ACCESS THIS SITE, OR ANY PAGES HEREOF.

These Legal Terms and Conditions set forth the entire agreement between the parties relating to the use of this site. DCM Advisors, LLC (“DCM,” “we,” “us,” or “our”) can revise these Legal Terms and Conditions at any time by updating this posting.

COPYRIGHT AND SERVICE MARK/TRADEMARK

You may not copy the material on this site, upload, post, publish, transmit or distribute it in any way (whether electronically or otherwise) or create other works based on it, without our prior written consent. Copies made incidentally in the ordinary course of your use of this site (such as in cache memory) and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark or other notices. Title to and all intellectual property rights in the material on this site remain in DCM and its affiliates or licensors.

DISCLAIMERS

DCM MAKES NO REPRESENTATION ABOUT THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS OR RELEVANCE OF THE CONTENT OF THIS SITE FOR ANY PURPOSE. ALL CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We shall not be subject to any obligations of confidentiality regarding information submitted through this site or any page hereof except as otherwise agreed to by us in writing with the person(s) or entity(ies) having a direct relationship with us or as otherwise required by law.

Although we attempt to keep the information on this site accurate, complete, and current, we do not warrant that the content herein is accurate, complete, or current. We make no commitment to update the content herein. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. We may make changes in the products and/or the services described herein at any time. We provide you this information with the understanding that we are not rendering accounting, legal or tax advice. Please consult your legal or tax advisor concerning such matters.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by DCM), will be profitable or equal any historical performance level(s).

Additionally, certain portions of DCM’s web site (i.e. newsletters, articles, commentaries, etc.) may contain a discussion of, and/or provide access to, DCM’s (and those of other third party investment and non-investment professionals) positions and/or recommendations as of a specific prior date, and/or the ability to utilize any economic calculator or similar interactive device contained within or linked to DCM’s web site. Due to various factors, including changing market conditions, such discussion or use of calculators or devices may no longer be reflective of current position(s) and/or recommendation(s). Further, no client or prospective client should assume that any such discussion or use of a calculator or similar interactive device serves as the receipt of, or a substitute for, personalized advice from DCM, or from any other investment professional.

Moreover, our web site is limited to the dissemination of general information regarding our investment advisory services, together with access to additional investment-related information, publications and links. Accordingly, the publication of our web site on the Internet should not be construed by any consumer and/or prospective client as a solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet. Furthermore, information on this Internet site should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from DCM. Any subsequent direct communication by DCM with a prospective client shall be conducted by a DCM representative that is either registered or qualifies for an exemption or exclusion from registration in the state where the prospective client resides. For information pertaining to the registration status of DCM as a registered investment adviser, please contact the SEC or the state securities regulators for those states in which DCM operates. A copy of DCM’s current written disclosure statement discussing its business operations, services, and fees is available from DCM upon written request.

Rankings and/or recognition by unaffiliated rating services and/or publications should not be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if DCM is engaged, or continues to be engaged, to provide investment advisory services, nor should it be construed as a current or past endorsement of DCM by any of its clients. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser.

LIMITATION OF LIABILITY

DCM WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE. IN NO EVENT SHALL DCM, OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR THE COPYING OR DISPLAYING OF INFORMATION ACCESSED THROUGH THIS SITE, WHETHER OR NOT DCM WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTON, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. WITHOUT LIMITING THE FOREGOING, DCM SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF ANY INFORMATION OR CONFIDENTIAL INFORMATION SUBMITTED TO IT THROUGH THIS SITE OR ANY PAGE HEREOF OR FOR ITS TRANSMISSION OF INFORMATION OR CONFIDENTIAL INFORMATION TO ANY PERSON(S) OR ENTITY(IES) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY DCM TO HAVE BEEN MADE BY SUCH PERSON OR ENTITY. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKS TO THIRD PARTY SITES

Some of the sites listed as links herein will let you leave our server and are not under our control. Access to any other Internet site linked to our web site is at the user’s own risk and DCM is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these linked sites. We do not make any representations whatsoever concerning the content of those sites. The fact that we have provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its providers; we are providing these links only as a convenience to you. We have not tested any information, software, products or services found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, products or services found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Past performance is not indicative of future results.

JURISDICTION

These Terms and Conditions will be governed by and be interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. The state or federal courts located in New York, NY, shall have exclusive jurisdiction over any cause of action arising out of or related to the content or use of this site.

ENTIRE AGREEMENT

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

PRIVACY PRINCIPLES

We recognize and respect the privacy expectations of our consumer customers and provide an explanation of these principles at http://www.dcmadvisors.com/privacy-policy. Please read our Privacy Policy Notice. Please also be aware that the Privacy Policy Notice does not limit or modify and are governed by these Terms and Conditions.

LOCATION OF PRODUCTS AND SERVICES

Our products and services are offered only in jurisdictions where they may be lawfully offered for sale; and are subject to the terms of the applicable agreement. NOT ALL PRODUCTS OR SERVICES MENTIONED HEREIN ARE AVAILABLE IN ALL JURISDICTIONS.